West Country Renovations Ltd v McDowell & Anor (Rev 1)

In the London TCC, claims valued below £250,000 should generally be commenced in a County Court or another suitable High Court centre with TCC-designated judges. The guideline is subject to a non-exclusive range of exceptions, including adjudication and arbitration matters, international disputes, novel or technically complex issues, test cases, public procurement claims, claims for declarations or injunctions, and cases unsuitable for effective County Court management. A claimant may issue proceedings in any court, but choosing an inappropriate forum may lead to transfer on the court’s own motion or on application. The court will normally review forum at the first case management conference, while avoiding transfer of cases already well advanced. The present ordinary final-account construction claim was transferred to the Central London County Court.

The claimant, a small builder, brought a disputed final-account claim concerning renovation works at the defendants’ flat. The claim was valued at approximately £104,000, with disputes about an alleged price cap, variations, delays, rates, workmanship and recoverability of costs. At the first case management conference, the court raised whether the claim should remain in the London TCC of the High Court or be transferred to the Central London County Court. The central issue was the appropriate allocation of lower-value construction claims between those courts.

1. Transfer ordered. The claim was transferred to the Central London County Court. The court was satisfied that the designated TCC judges there could manage and try the case effectively within a reasonable time, and that the quality of justice would be comparable.
2. General allocation principle. Having regard to the growth of TCC business, the limited number of London High Court judges and the policy that High Court judges should deal with substantial cases, claims worth less than £250,000 should generally be commenced in County Courts or other High Court centres outside London with TCC-designated judges.
3. Exceptions. The guideline was non-exclusive. High Court TCC treatment may remain appropriate for adjudication or arbitration matters, international cases, novel or difficult points of law, technically complex claims, test cases, public procurement claims, Part 8 claims and claims for declarations or injunctions. It may also be appropriate where effective County Court handling is impracticable, or where other good reasons exist.
4. Forum and timing. A claimant may issue a claim in any court, but selecting an inappropriate court or division creates a risk of transfer. The London TCC will normally consider transfer at or before the first case management conference. Cases already well under way will not ordinarily be transferred.
5. The present claim was a standard disputed construction final-account case. It raised no matter of general public importance, novel legal issue or unusual complexity. Transfer was therefore appropriate.